Do I Have A Birth Injury Case?
Giving birth is a beautiful experience that parents anxiously begin to plan for as soon as they learn they are expecting a child. Even though giving birth is a natural process that has been occurring for millions of years, the process is not without risks. Sadly, some mothers and infants will suffer injuries and life-threatening conditions during pregnancy and the birthing process. Parents are devastated to learn that their child suffered an injury during birth. In addition, it is an extremely shocking event for parents to discover that their newborn infant’s injury occurred because of the negligence or malpractice of a medical provider. At first, a parent’s sole focus is on the health and well-being of their child. However, at some point, the parent begins to wonder if the injury was avoidable. Did the negligence of the medical staff or the hospital cause the birth injury? The Pinder Plotkin Legal Team is here to help you find the answer to that question. If your child was injured during birth, we urge you to contact our office for a free consultation by calling 410-525-5337. You and your child deserve answers. If that answer involves malpractice, you deserve justice.
Elements of a Birth Injury Claim in MarylandBirth injuries fall under the medical malpractice category of personal injury claims. Therefore, you need to prove the same elements for a birth injury claim to receive compensation as you would in another type of medical malpractice claim. Not all birth injuries are caused by malpractice. However, if you can prove the following elements, you may have a valid birth injury malpractice claim:
- The physician, medical facility, or other medical provider owed you and your child a duty to treat you with the acceptable standard of care;
- The provider breached the duty by not providing the appropriate standard of care in your case;
- Because of the breach of duty, your child suffered an injury or illness;
- The provider's actions or inactions were the direct and proximate cause of the birth injury; and,
- You and your child have suffered damages because of the birth injury or illness.